This court dismissed an original petition filed under the Indian Succession Act, 1925, for default. The petition was filed from a petitioner who had died before the hearing, despite notice to bring legal representatives on record.
No.
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O.P.NO.999 OF 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
O.P.NO.999 OF 2017
L.Balaji .. Petitioner
Versus
1.M.Santhi 2.A.Sasi Kala 3.M.Vijayanthi 4.Hemavathi .. Respondents
PRAYER : Original Petition filed under Sections 232 and 276 of the Indian Succession Act, 1925 (XXXIX of 1925) read with Order XXV Rule 5 of the Original Side Rules, 1956, to grant Letters of Administration with the Will dated 03.03.2004 annexed to the petitioner as the son / legatee under the Will of the said deceased.
For Petitioner : No appearance
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O.P.NO.999 OF 2017
N.SATHISH KUMAR, J.
TK
ORDER
When the matter was listed on 21.11.2023, it is brought to the notice of this Court that the petitioner died on 15.05.2021 and therefore, opportunity has been given to bring his legal representatives on record. However, when the matter is taken up for hearing today, there is no representation on behalf of the petitioner and no steps have been taken to implead the legal representatives of the petitioner on record. Hence, this Original Petition is dismissed for default. No costs.
06.12.2023
TK
O.P.NO.999 OF 2017
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2 provisions across 2 enactments
L.Balaji
M.Santhi
A.Sasi Kala
M.Vijayanthi
Hemavathi
N Sathish Kumar
As recorded by the court registry
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